M.Palaniyammal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Palaniyammal ... Petitioner Vs.
1. The District Collector, District Collector Office, Trichy District.
2. The Tahsildar Trichy East, Taluk Office, Kottapattu, Trichy.
3. The Assistant Commissioner, Tiruchirappalli City Corporation, Ariyamangalam Zone-2, TVS Tolgate, Trichy.
4. The Head Surveyor, Ariyamanagalam Zone-2, Trichy City Corporation, TVS Tolgate, Trichy District.
... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to conduct a survey of petitioner property to situated at Trichy District, Trichy East Taluk, Kottapattu Revenue Village, Sempattu Village,
Kulapatti, measuring 90 cents in S.F.No.314/5, based on the petitioner's representation dated 26.03.2025.
For Petitioner : Mr.M.Jegan For Respondents : Mr.M.Gangatharan Government Advocate for R1 &2 : Mr.K.R.Kishore Ram for M/s.K.B.Law Associates for R3&4
ORDER
The petitioner herein seeks a direction to the respondents to conduct survey of his property situated in S.F.No.314/5, measuring 90 cents, in Kottapattu Revenue Village, Sempattu Village, Kulapatti, Trichy District, Trichy East Taluk, by considering her representation dated 26.03.2025.
2. Heard the arguments of Mr.M.Jegan, learned counsel for the petitioner, Mr.M.Gangatharan, learned Government Advocate for the respondents 1 and 2 and Mr.K.R.Kishore Ram, learned counsel for the respondents 3 and 4.
3. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
4. According to the petitioner, she purchased 103 cents of land in the above mentioned survey number from one Santhanam under registered sale deed dated 10.02.1983. Subsequently, the petitioner sold 13 cents of land in favour of one Edmond under registered sale deed dated 03.06.1985. Now, the petitioner claims right over 90 cents in the above mentioned survey number. The total extent of the property in the survey number is 12.15 Acres and the remaining properties are owned by number of persons. After the purchase by the petitioner, patta was not mutated in favour of the petitioner. Therefore, the petitioner submitted an application, for survey and subdivision of the property purchased by her, in Vi.Va.No.946 dated 17.08.2022. The said application has not been considered. Therefore, the petitioner submitted a representation dated 26.03.2025 before the respondents, seeking action on the application submitted by her for survey of the property and subdivision. The said representation has not been considered. Hence, the petitioner has approached this Court.
5. The learned Government Advocate appearing for the respondents 1 and 2 would submit that the representation submitted by the petitioner will be considered on its own merits and in accordance with law.
6. In view of the above, without expressing any opinion on the merits of the matter, the fourth respondent is directed to consider the representation of the petitioner dated 26.03.2025 and pass final orders on its own merits within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, neighbouring land owner and other interested parties.
7. With the above direction, this Writ Petition is disposed of. No costs.
25.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No LS
To
1. The District Collector, District Collector Office, Trichy District.
2. The Tahsildar Trichy East, Taluk Office, Kottapattu, Trichy.
3. The Assistant Commissioner, Tiruchirappalli City Corporation, Ariyamangalam Zone-2, TVS Tolgate, Trichy.
4. The Head Surveyor, Ariyamanagalam Zone-2, Trichy City Corporation, TVS Tolgate, Trichy District.
S.SOUNTHAR ,J LS W.P.(MD)No.17038 of 2025 Dated: 25.06.2025